Author: Mark Tushnet
Publisher: Princeton University Pre
Keywords: courts, constitution, taking
Number of Pages: 254
Published: 2000-09-15
List price: $30.95
ISBN-10: 0691070350
ISBN-13: 9780691070353

Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protec

Author: Mark Tushnet
Publisher: Beacon Pre
Keywords: court, cases, supreme, landmark, opposing, opinions, dissent
Number of Pages: 229
Published: 2008-04-15
List price: $16.00
ISBN-10: 0807000361
ISBN-13: 9780807000366

For the first time, a collection of dissents from the most famous Supreme Court casesIf American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers’ rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents—from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges’ eloquenc

Author: Mark Tushnet
Publisher: Princeton University Press
Keywords: order, constitutional, new
Number of Pages: 288
Published: 2003-03-17
List price: $47.50
ISBN-10: 0691112991
ISBN-13: 9780691112992

In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the

Author: Mark Tushnet
Publisher: Princeton University Press
Keywords: rights, comparative, welfare, constitutional, law, social, review, courts, strong, judicial, weak
Number of Pages: 312
Published: 2007-10-15
List price: $49.95
ISBN-10: 0691130922
ISBN-13: 9780691130927

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stro

Author: Mark Tushnet
Publisher: Princeton University Press
Keywords: rights, comparative, welfare, constitutional, law, social, review, courts, strong, judicial, weak
Number of Pages: 312
Published: 2009-07-20
List price: $24.95
ISBN-10: 069114320X
ISBN-13: 9780691143200

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stro

Author: Mark Tushnet
Publisher: W. W. Norton & Company
Keywords: court, law, constitutional, rehnquist, divided, future
Number of Pages: 416
Published: 2005-11-28
List price: $15.95
ISBN-10: 0393327574
ISBN-13: 9780393327571

"An incisive consideration of the Supremes, offering erudite yet accessible clues to legal thinking on the most important level."--Kirkus Reviews In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party a

Author: Mark V. Tushnet
Publisher: The University of North Carolina Press
Keywords: new, epilogue, author, education, segregated, legal, strategy, naacp
Number of Pages: 264
Published: 2005-02-28
List price: $21.00
ISBN-10: 0807855952
ISBN-13: 9780807855959

The NAACP’s fight against segregated education--the first public interest litigation campaign--culminated in the 1954 Brown decision. While touching on the general social, political, and economic climate in which the NAACP acted, Mark V. Tushnet emphasizes the internal workings of the organization as revealed in its own documents. He argues that the dedication and political and legal skills of staff members such as Walter White, Charles Hamilton Houston, and Thurgood Marshall were responsible for the ultimate success of public interest law. This edition contains a new epilogue by the aut